Circulars

Clubbing of GST refund claims across two financial years is allowed
Circulars
CA. Sachin Jindal

Clubbing of GST refund claims across two financial years is allowed

The refund of ITC is a key constituent of Goods and Service Tax (“GST”), and it is a pre-requisite for the department to ensure the smooth operation of the same to avoid any unnecessary increase in the cost of goods/services. However, various issues keep on evolving with the use of the system. The government has issued several GST Circulars to curb these issues. Department has received various representations seeking clarification on some issues related to refund under GST.  We are really pleased to share this with you as our efforts have finally brought the sigh of relief for the taxpayers

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Interest on GST Delayed Payments
Liabilities
CA. Sachin Jindal

Interest Payable on Gross GST Liability, as Declared in GSTR-3B: CBIC

Taxpayers are liable to pay interest on delay in the deposition of GST liability, as declared in GSTR-3B. Section 50 of the Central Goods and Service Tax Act, 2017 contains interest related provisions. However, whether interest is payable on the gross amount of GST liability or net amount of GST liability (i.e., after setting off ITC Balance) is still under dispute. On 10th February 2020, the CBIC (Central Board of Indirect Taxes and Custom) issued a notice (F. No. CBEC-20/16/07/2020- GST) regarding the amount of payable interest on Delayed Tax.  The CBIC has declared that the taxpayers, who have filed

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Goods and Service Tax
CA. Kapil Mittal

Could not file TRAN- 1 and TRAN- 2 due to technical glitches, last chance to file till March 2020

For the purpose of proper transition to GST, transfer of ITC lying under pre-GST regime to GST regime was a prerequisite. Taxpayers need to file TRAN-1 and TRAN-2 for this purpose. Initially, government offered a sunset date beyond which taxpayers were not allowed to transfer unutilised ITC. However, due to technical glitches at the  GST portal, many taxpayers failed to file such forms by due date. Hence, the due date got further extension for filing GST TRAN-1 and GST TRAN-2. The new dates to file TRAN-1 and TRAN-2 are 31.03.2020 and 30.04.2020 respectively.  Rule 117(1A) of CGST Act 2017-  “[(1A)

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Fake ITC Claims
News and Announcements
CA. Sachin Jindal

Fake ITC Claims: CGST Departments Has Started Blocking Fake Claims

The Office of Directorate General of GST Intelligence has released a new notification to take actions against fake ITC claims. The DGGI  issued the notification in the interest of Principal Chief Commissioners and Chief Commissioners, CGST, asking them to block Input Tax Credit under the 86(1)(a) of CGST Rules 2017. As the rule suggests, the Zonal Chief Commissioners can block or unblock Input Tax Credit availed against fake invoices. The Principal DG has released the notification to take action against the ITC claims issued without the proper receipt of Goods or services. However, the notification suggested some implementation to proceed

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CGST 7th Amendment Rules- Amendments in refund forms and GSTR-9
GSTR 9
CA. Kapil Mittal

CGST 7th Amendment Rules- Amendments in refund forms and GSTR-9

Under Goods and Service Tax (“GST”), Annual return is required to be furnished in form GSTR-9 and Reconciliation statement and certificate is required to be furnished in form GSTR-9C. As these forms are getting filed for the first time and considering the various issues faced by taxpayers, due date of filing of GSTR-9 and GSTR-9C has been extended till 30th November, 2019 for FY 2017-18. Similarly, taxpayers are also facing various issues in the filing of Form GST RFD-01 (Application of Refund).  To resolve the issues faced by taxpayers, the department has made various amendments in its 7th Amendment Rules

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E-Invoice
Tax Invoice
CA. Kapil Mittal

Electronic Invoice under GST|Detailed Discussion on E-Invoice

Electronic Invoice or E-invoicing under Goods and Service Tax (“GST”) is in discussion since long time and GST Council has decided to implement e-invoicing system in a phased manner with effect from 1st January, 2020 on Voluntary Basis. However e-invoicing under GST is made mandatory for tax payer having turnover of more than 500 cr in preceding Financial year with effect from 1st October 2020 and later the tax payer with turnover 50 cr need to generate mandatory einvoicing from 1st April 2021 onwards.

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Clarification on Restriction in availing of input tax credit
Input Tax Credit
CA. Kapil Mittal

How to Calculate 5% Provisional ITC in FORM GSTR-3B as per the New CGST Rule 36(4)

Sub-rule (4) to rule 36 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the CGST Rules) has been inserted vide notification No. 49/2019-Central Tax, dated 09.10.2019 and notification No. 49/2019-Central Tax. The said sub-rule provides restriction in availment of input tax credit (ITC) in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the CGST Act).

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Document identification number DIN
Goods and Service Tax
CA. Sachin Jindal

Document Identification Number (“DIN”) to be quoted on all communications from CBIC

Various communication such as notices, assessment orders, summons etc. are issued by Central Board of Indirect Taxes (“CBIC”) to taxpayers. However, as there is no online tracking of trail of such communications, taxpayer faces various issues such as issuance of notices on back date, reply or response by taxpayers are not considered by department officers in their records, unable to check genuineness of notice etc. Therefore, CBIC is introducing concept of mentioning Unique Document Identification Number (“DIN”) on every communications from CBIC to taxpayers andother concerned persons. To keep objective of transparency and accountability, vide circular No. 122/41/2019-GST dated 5

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